a. In general. Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:
(1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or
(2) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.
b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime. It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e. (1) or (2).
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1979–2022 · leading case:
State v. Hacker, 400 A.2d 567 (N.J. Super. Ct. App. Div. 1979).
State v. Hacker, 400 A.2d 567 (N.J. Super. Ct. App. Div. 1979).
“The recently developed "unilateral" or single person theory adopted by the proposed New Jersey Penal Code, § 2C:5-3(a), applies only to offenses committed after September 1, 1979.”
Chey v. Labruno (D.N.J. 2022).
· cites it 2× “” N.J. Stat. Ann. § 2C:5-3(c). Subsection (c) enumerates several “disabilities” that would preclude an applicant from receiving a FPIC.”
— N.J. Stat. § 2C:5-3(a) — 1 case
State v. Hacker, 400 A.2d 567 (N.J. Super. Ct. App. Div. 1979).
“The recently developed "unilateral" or single person theory adopted by the proposed New Jersey Penal Code, § 2C:5-3(a), applies only to offenses committed after September 1, 1979.”
— N.J. Stat. § 2C:5-3(c) — 1 case
Chey v. Labruno (D.N.J. 2022).
“” N.J. Stat. Ann. § 2C:5-3(c). Subsection (c) enumerates several “disabilities” that would preclude an applicant from receiving a FPIC.”
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